(a)It is hereby declared to be the policy of the
city that all public records which are made, maintained or kept by or are in
the possession of the city, its officers and employees, shall be open for
public inspection as provided by, and subject to the restrictions imposed by,
the Kansas Open Records Act.

(b)Any person, upon written request, shall have
access to such open public records for the purpose of inspecting, abstracting
or copying such records while they are in the possession, custody and control
of the appointed or designated record custodian thereof, or his or her
designated representative.

(c)Those person(s) making requests for public
records should use the official city request form which is available from the
City Clerk or any records custodian. In place of the official request form, the
person may make a written request for a record and include certification that
the reason for obtaining the record is not for commercial purposes in
compliance with K.S.A. 45-220(c).

(a)All city officers and employees appointed or
designated as record custodians under this article shall: protect public
records from damage and disorganization; prevent excessive disruption of the
essential functions of the city; provide assistance and information upon
request; insure efficient and timely action and response to all applications
for inspection of public records; and shall carry out the procedures adopted by
this city for inspecting and copying open public records.

(b)The official custodian shall prominently
display or distribute or otherwise make available to the public a brochure in
the form prescribed by the Local Freedom of Information Officer that contains
basic information about the rights of a requester, the responsibilities of a
public agency, and the procedures for inspecting or obtaining a copy of public
records under the Kansas Open Records Act. The official custodian shall display
or distribute or otherwise make available to the public the brochure at one or
more places in the administrative offices of the city where it is available to
members of the public who request public information in person.

(a)Prepare and provide educational materials and
information concerning the Kansas Open Records Act;

(b)be available to assist the city and members
of the general public to resolve disputes relating the Kansas Open Records Act;

(c)respond to inquiries relating to the Kansas
Open Records Act;

(d)establish the requirements for the content,
size, shape and other physical characteristics of a brochure required to be
displayed or distributed or otherwise made available to the public under the
Kansas Open Records Act. In establishing such requirements for the content of
the brochure, the Local Freedom of Information Officer shall include plainly
written basic information about the rights of a requester, the responsibilities
of the city, and the procedures for inspecting and obtaining a copy of public
records under the Act.

All city offices
keeping and maintaining open public records shall establish office hours during
which any person may make a request for access to an open public record. Such
hours shall be no fewer than the hours each business day the office is
regularly open to the public. For any city office not open Monday through
Friday, hours shall be established by the record custodian for each such day at
which time any person may request access to an open public record.

All city offices
keeping and maintaining open public records shall provide suitable facilities to
be used by any person desiring to inspect and/or copy an open public record.
The office of the city clerk, being the principal record keeper of the city,
shall be used as the principal office for providing access to and providing
copies of open records to the maximum extent practicable. Requesters of records
shall be referred to the office of the city clerk except when the requested
records are not in that office and are available in another city office.

Any person requesting
access to an open public record for purposes of inspecting or copying such
record, or obtaining a copy thereof, shall abide by the procedures adopted by
the governing body for record inspection and copying, including those
procedures established by record custodians as authorized by the governing
body. Such procedures shall be posted in each city office keeping and
maintaining open public records.

The following city
officers are hereby appointed as official custodians for purposes of the Kansas
Open Records Act and are hereby charged with responsibility for compliance with
that Act with respect to the hereinafter listed public records:

(a)City Clerk - All public records kept and
maintained in the city clerk’s office and all other public records not provided
for elsewhere in this section.

(b)Chief of Police - All public records not on
file in the office of the city clerk and kept and maintained in the city police
department.

(c)Fire Chief - All public records not on file
in the office of the city clerk and kept and maintained in the city fire
department.

(d)Clerk of the Municipal Court - All public
records not on file in the office of the city clerk and kept and maintained in
the municipal court.

(e)City Maintenance Superintendent - All public
records not on file in the office of the city clerk and kept and maintained in
the maintenance department.

(a)Each of the official custodians appointed in
Section 1-606 is hereby authorized to designate any subordinate officers or
employees to serve as record custodian. Such record custodians shall have such
duties and powers as are set out in the Kansas Open Records Act.

(b)Whenever an official custodian shall appoint
another person as a record custodian he or she shall notify the city clerk of
such designation and the city clerk shall maintain a register of all such designations.

(a)All members of the public, in seeking access
to, or copies of, a public record in accordance with the provisions of the
Kansas Open Records Act, shall address their requests to the custodian charged
with responsibility for the maintenance of the record sought to be inspected or
copied.

(b)Whenever any city officer or employee
appointed or designated as a custodian under this article is presented with a
written request for access to, or copy of, a public record which record the
custodian does not have in his or her possession and for which he or she has
not been given responsibility to keep and maintain, the custodian shall so
advise the person requesting the record. Further, the person making the request
shall be informed as to which custodian the request should be addressed to, if
such is known by the custodian receiving the request.

The city clerk is
hereby authorized to provide the clerk’s office, and the office of each record
custodian, with sufficient cash to enable the making of change for record fee
purposes. Each custodian shall transmit all record fee moneys collected to the
city clerk not less than monthly. Each custodian shall maintain duplicates of
all records and copy request forms, completed as to the amount of fee charged
and collected, which amounts shall be periodically audited by the clerk-finance
officer and treasurer of the city.

(a)Where a request has been made for copies of
any of the following open public record there shall be no copy fee charged to
the requester.

(1)City Council Agenda

(2)City Council Packets

(3)Planning Commission Agenda

(b)In all cases not covered by subsection (a), a
record copy fee shall be charged as follows:

(1)POLICE RECORDS:

(A)Offense, accident, arrest and misc. reports;
$5 minimum (25 pages) and over 25 pages will be charged an additional $.25 per
page.

(B)Driving Under the Influence (DUI) reports;
$10.

(C)DVD/VHS tapes: $25.

(2)PLANNING RECORDS:

(A)Comprehensive Plan; $20.

(B)Zoning Regulations; $25.

(C)Subdivision Regulations; $20.

(3)MAINTENANCE DEPARTMENT RECORDS; $.25 per
page.

(4)RECORDS NOT SPECIFICALLY ADDRESSED BY
DEPARTMENT:

(A)Photocopies (Black and White): $.25 per page
(requiring less than 15 minutes of staff time, any requests requiring more than
15 minutes will be charged fee plus actual hourly rate in 5 minute increments).

(B)Photocopies (Color): $.50 per page (requiring
less than 15 minutes of staff time, any requests requiring more than 15 minutes
will be charged fee plus actual hourly rate in 5 minute increments).

(3)For copying any public records which cannot
be reproduced by the city’s photocopying equipment, the requester shall be
charged the actual cost to the city, including staff time, in reproducing such
records.

A record custodian
shall require prepayment of the fees established by this article. No record
shall be made available to the requester until such prepayment has been made. The
prepayment amount shall be an estimate of the inspection and/or copying charges
accrued in fulfilling the record request. Any overage or underage in the
prepayment shall be settled prior to inspection of the requested record or
delivery of the requested copies.

All fees charged under
this article shall be paid to the custodian of the records inspected and/or
copied unless the requester has established an account, for purposes of billing
and payment, with the city.